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Showing contexts for: unsigned statement in Ramesh Chand vs State Of Himachal Pradesh on 25 May, 2002Matching Fragments
5. Against the aforesaid background, the question arose as to what is the effect of the evidence/vernacular version of the statements having remained unsigned by the learned trial Judge.
6. We have heard the learned counsel for the accused and the learned Assistant Advocate General for the State on the aforesaid question.
7. The provisions of Sections 272 to 283 of the new Code deal with the mode of taking and recording prosecution evidence and the statement of the accused under Section 313 of the new Code. The relevant Sections for the determination of the present question are Sections 272, 276, 277, 278 and 281 of the new Code which provide the manner of recording evidence and statement of the accused in a sessions trial. Section 272 empowers the State Government to determine the language of the Courts in the State other than the High Court. Section 276 deals with the recording of evidence in a trial before a Court of Session and provides that in all trials before a Court of Session, the evidence of each witness shall be taken down in writing by the presiding Judge or on his dictation in the open Court under his direction and superintendence and the evidence so taken down shall be signed by the presiding Judge and shall form part of the record. Section 277 of the new Code provides that if the witness gives evidence in the language of the Court it shall be taken down in that language and if he gives evidence in any other language it may be taken down, if practicable, in that language, otherwise a true translation of the evidence in the language of the Court shall be prepared and signed by the presiding Judge and shall form part of the record. Section 278 of the new Code provides that when the evidence of the witness is complete it shall be read over to the witness and if the witness denies the correctness of any part of the evidence when read over to him it may be corrected or instead of correcting the evidence a memorandum thereon of the objection raised by the witness be made and the necessary remarks be added thereto. Section 281 of the new Code provides that every question put to the accused and every answer given by him in his statement under Section 313 of the new Code shall be recorded in full by the presiding Judge or under his direction and superintendence by an officer of the Court appointed in this behalf and such record shall, if practicable, be in the language in which the accused is examined or in the alternative in the language of the Court and such record shall be shown or read over to the accused and shall be signed by the accused and the presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and contains a full and true account of the statement made by the accused. It is, thus, evident that object of these provisions is to maintain an accurate and authentic record of the evidence and statement of the accused.